Policies and Terms:
All orders are shipped USPS Priority Mail (or First Class for lightweight items) to United States addresses ONLY, to include APO addresses, and usually takes 2-3 business days for order processing. You should receive an email from us when your order has processed for shipping, but spam filters unfortunately catch the emails on occasion. Sorry, but we do not ship any foreign orders.
Cancellations/Returns: Please note that all order cancellations and returns will be refunded minus shipping cost and a processing fee of 10% of the order total, which covers our credit card processing and cancellation fees as well as labor and packaging materials. You may opt for your cancellation to be converted into store credit for no penalty. Please note that orders cancelled immediately after order confirmation may still be subject to the above cancellation fees as the credit card is automatically charged by our payment gateway.
Return Policy: All items must be returned in new/unused condition within 30 days of receipt. Please note that all parts, including sights and magazine base pads, are no longer considered new/unused after they have been installed and are not returnable. Please email us for a return authorization. Returns are subject to the above listed restocking processing fee unless the part is deemed defective.
Terms of Service
These Terms of Service (“Terms”) apply to your access to and use of the websites, online store and other online products and services (collectively, our “Services”) provided by 10-8 Performance. (“10-8 Performance” or “we,” “us” or “our”). By accessing or using any of our Services, you are entering into a binding agreement with 10-8 Performance and agree to be bound by these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section12, do not access or use our Services
Please refer our Policies and Terms (above), conditions and policies applicable to any purchases you make on or through our Services. By making a purchase on or through our Services, you agree to the Terms of Sale. These Terms are in addition to our Terms of Sale that govern your purchase of products from us. If you have any questions about these Terms or our Services, please contact us at email@example.com.
You must be at least 18 years of age and reside in the United States to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
2 User Accounts and Account Security
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and may not share your password or log-in credentials with any third party. You must promptly notify us if you discover or suspect that someone has accessed your account without your permission.
4 Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:
Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
Make any misrepresentations or provide any false or misleading information in connection with a purchase made through the Services;
Use or attempt to use another user’s account;
Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
Bypass or ignore instructions contained in our robots.txt file, which files we may modify or update at any time in our sole discretion, that controls automated access to portions of our Services; or
Use our Services for any fraudulent, illegal or unauthorized purpose, including to purchase firearms in a jurisdiction where such purchase is illegal, or engage in, encourage or promote any activity that violates these Terms.
5 Limited License; Copyright and Trademark
Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “10-8 Performance Content”) are owned by or licensed to 10-8 Performance and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, 10-8 Performance and our licensors reserve all rights in and to our Services and the 10-8 Performance Content. We hereby grant you a limited, nonexclusive, nontransferable, non-sub-licensable, revocable license to access and use our Services and 10-8 Performance Content for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services or 10-8 Performance Content; (b) copy, reproduce, distribute, publicly perform or publicly display 10-8 Performance Content, except as expressly permitted by us or our licensors; (c) modify the 10-8 Performance Content, remove any proprietary rights notices or markings or otherwise make any derivative uses of our Services or 10-8 Performance Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or 10-8 Performance Content other than for their intended purposes. Any use of our Services or 10-8 Performance Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted to you.
From time to time, you might voluntarily provide us with questions, comments, suggestions, ideas, original or creative materials or other information you submit about 10-8 Performance or our products or Services (collectively, “Feedback”). You agree that all Feedback is non-confidential and will become the sole property of 10-8 Performance. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback, which you hereby assign to us, and we will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless 10-8 Performance and our officers, directors, agents, suppliers and employees (individually and collectively, the “10-8 Performance Parties ”) from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims ") arising out of or related to (a) your access to or use of our Services; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another party (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and 10-8 Performance or the other 10-8 Performance Parties.
WE DO NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY OUR SERVICES.
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, 10-8 PERFORMANCE DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES OR ANY 10-8 PERFORMANCE CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE 10-8 PERFORMANCE ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WHEN YOU USE OUR SERVICES, YOU ASSUME THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE.
9 Limitation of Liability
10-8 PERFORMANCE AND THE OTHER 10-8 PERFORMANCE PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, INCLUDING RELATING TO YOUR USE OF OR INABILITY TO USE ANY PRODUCTS SOLD THROUGH THE 10-8 PERFORMANCE SITE, EVEN IF 10-8 PERFORMANCE OR THE OTHER 10-8 PERFORMANCE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL LIABILITY OF 10-8 PERFORMANCE AND THE OTHER 10-8 PERFORMANCE PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, OUR SERVICES OR ANY PRODUCTS PURCHASED ON OUR WEBSITE REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN CONNECTION WITH YOUR ACCESS TO OR USE OF OUR SERVICES.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF 10-8 PERFORMANCE OR THE OTHER 10-8 PERFORMANCE PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
To the fullest extent permitted by applicable law, you release 10-8 Performance and the other 10-8 Performance Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
11 Transfer and Processing Data
By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
12 Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with 10-8 Performance and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or 10-8 Performance seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or 10-8 Performance seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and 10-8 Performance waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms, our Services or your purchase of products from us will be resolved through confidential binding arbitration held in Kansas City, Missouri in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and 10-8 Performance agree that any dispute arising out of or related to these Terms, our Services or your purchase of products from us is personal to you and 10-8 Performance and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and 10-8 Performance agree that these Terms affect interstate commerce and that the enforceability of this Section 12 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Company agree that for any arbitration you initiate, you will pay the filing fee and Company will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Company will pay all JAMS fees and costs. You and 10-8 Performance agree that the state or federal courts of the State of Missouri and the United States sitting in Kansas City, Missouri have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND 10-8 PERFORMANCE WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right out opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 12 by submitting a request to opt out via Certified Mail. To be effective, your request must include your full legal name, and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 13.
13 Governing Law and Venue
These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Missouri, without regard to conflict of law rules or principles (whether of Missouri or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Missouri and the United States, respectively, sitting in Kansas City, Missouri.
14 Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
These Terms, and any other terms on the site applicable to your purchase, constitute the entire agreement between you and 10-8 Performance relating to your access to and use of our Services. The failure of 10-8 Performance to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
WHAT DOES 10-8 PERFORMANCE DO WITH MY PERSONAL INFORMATION?
We take your privacy seriously, and we want you to know how we collect, use, share, and protect your information. This policy describes the privacy practices of 10-8 PERFORMANCE, LLC ("10-8 PERFORMANCE," "we," "us," or "our").
Your use of any of our sites is subject to the Terms and Conditions for that site.
This policy applies to:
- Information we collect at other locations and events under the 10-8 PERFORMANCE name
WHAT WE COLLECT:
- Information you give us about yourself. We collect and store information you provide through our digital sites and in our store. The information we collect from you includes things like:
- Mailing address
- Email address
- Phone number
- Credit card number and other payment information
In certain situations, we may also collect things like:
- Driver's license number or other government issued identification or certification (for example, if your state requires this documentation for the purchase of age restricted items)
- Date of birth (for example, the purchase of age restricted items)
- Part of your Social Security Number (if we receive legal documentation from courts)
- Location information
- Your responses to surveys
We may permit third-party service providers to collect and process some information from our digital properties. We may share personal information with those providers and may have similar arrangements with interest-based advertisers. We provide more information about interest-based ads below. Our digital properties are not designed to respond to "do not track" requests from browsers.
- Location information. Some of our digital properties may collect your location to determine whether to provide you with content, information, and notices that may be required by law based on your location.
For any mobile application to identify your location, you must enable location services through your mobile device's settings. If you do not want 10-8 PERFORMANCE to collect this information or to enable these features, you can turn off location services on your mobile device. 10-8 PERFORMANCE has no control over your device's settings.
- Store cameras. Our store may use cameras for asset protection and other operational purposes, such as measuring traffic patterns and protecting and improving our business.
- Reviews and other content you provide. Our websites and social media pages offer publicly accessible blogs or community forums. Be aware that anyone who accesses these areas may read, collect, and use the information you provide.
- Information from our affiliates. We may get information about you from our parent company, or under common control with 10-8 PERFORMANCE (our "Affiliates").
HOW WE USE THE INFORMATION WE COLLECT:
- Identifying you on our website in order to customize your experience (for example, based on your purchase history or your location)
- Fulfilling orders and requests for products, services, or information
- Processing refunds, returns, and exchanges
- Tracking and confirming online orders
- Delivering products to you or others
- Marketing and advertising products and services
- Conducting research and analysis
- Processing 10-8 PERFORMANCE credit card applications
- Responding to your questions and requests
- Improving our products and services
- Analyzing website and device application trends and customers interests
- Preventing losses and ensuring security
You can opt out of interest-based advertising from third-party providers who follow the Digital Advertising Alliance's Self-Regulatory Principles for Online Behavioral Advertising at www.aboutads.info/choices.
We may retain your information for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes, and enforce our agreements.
HOW WE SHARE YOUR INFORMATION:
We may share your information for our business purposes and as legally required or permitted, including:
- With third parties who perform services on our behalf.
- To offer financial products.
- To provide extended warranty services.
- Data sharing or catalog mailings.
- With any successor to all or part of our business.
- With our business partners.
- To protect us.
- At your direction.
HOW WE PROTECT YOUR INFORMATION:
We use a variety of information-security measures to protect your online transactions with us.
We use reasonable security measures to protect the confidentiality of personal information under our control and appropriately limit access to it.
Our digital properties use encryption technology to protect your personal information.
We are committed to protecting your information, but you can do your part. You should create a strong password and protect against unauthorized access to your password and your computer. Be sure to sign off when finished using a shared computer and do not share your password with anyone. We cannot guarantee the security of any information you transmit to us, and by using our digital properties you acknowledge that you do so at your own risk.
At any time, you may:
- Stop receiving marketing or promotional emails, direct mail, phone, and mobile marketing communications
- Update and correct your personal information
- Deactivate your account
- Request removal of information you post on our digital properties; in some cases, we may not be able to remove your content or personal information, in which case we will let you know if we are unable to do so and why
- To do any of these, let us know by one of these methods:
- Follow the directions in a marketing email, direct mail, or mobile communication that you receive from us
- Provide your request and current contact information through one of the contact methods listed under "Contact Us" below
Please note: Even if we are able to anonymize or make your content or information no longer visible, this does not ensure complete or comprehensive removal of your content or personal information from the internet.
OPTING OUT OF THIRD-PARTY SERVICES:
Adobe Marketing Cloud - To learn more about Adobe Marketing Cloud, their privacy policies or how to opt-out of their services please go to: https://www.adobe.com/privacy.html
Criteo - To learn more about Criteo, their privacy policies or how to opt-out of their services please go to: https://www.criteo.com/en/privacy-policy
Google - To learn more about Google, their privacy policies or how to opt-out of their services, please go to: https://www.google.com/settings/ads/onweb/
PROTECTING CHILDREN'S PRIVACY.
We are committed to protecting children's privacy on the internet and we do not knowingly collect personal information from children under the age of 13.
LINKS TO OTHER WEBSITES.
SOCIAL MEDIA FEATURES.